James R. McKinney Jr.
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http://www.mckinneylawfirm.com 615-686-2115 Nashville TN Criminal defense attorney Rob McKinney has over 16 years experience handling all types of criminal cases including first degree murder cases, DUI cases and even shoplifting cases.

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Nashville DUI/DWI Law Blog

Can A Tennessee DUI Conviction Be Expunged ?

If you are convicted of a driving under the influence (DUI) charge in Tennessee , it can never be expunged from your criminal record. DUI charges in Tennessee are not eligible under T.C.A. 40-35-313 for judicial diversion as well. It is important to fight your case from the beginning of the case in order to avoid a DUI conviction.

Tennessee college football player facing drunk driving charges

A traffic stop can lead to charges if police find reason to believe a driver is under the influence of drugs or alcohol based on smells or documented behavior. When that driver is a football player for a Tennessee college, that traffic stop and subsequent arrest may be newsworthy. Recently, Tennessee player Charles Mosley was arrested after a traffic stop and now faces drunk driving charges.

The lineman, who is 18 years old, was pulled over on a Wednesday morning. He was alleged to be traveling 79 in a 55 mph speed zone. When police approached the vehicle, the officer says he noticed what smelled like marijuana. The football player said he did not smoke marijuana but was at a hotel where his friends were smoking marijuana.

Former caseworker in Tennessee under investigation for sex crime

Working for the Department of Children's Services can entail going into homes and spending time alone with families or individuals in that home environment. Any kind of alleged misconduct while on a home visit may be difficult to refute or prove in any way. One former caseworker for the Tennessee Department of Children's Services is currently under investigation for an alleged incident that took place during a home visit.

The 42-year-old man was on duty and at a residence where he was to assess the living conditions. During that visit, a woman in the home says he made sexual contact with her without her consent. The man has since been arrested.

After chase, man faces drunk driving charges in Tennessee

As police attempted to pull over a man during a traffic stop, he fled and a chase ensued across two counties. As a result of being caught after the dual Tennessee county chase, the man faces charges in both jurisdictions. He faces drunk driving charges along with others.

The 45-year-old man allegedly took off when police initially tried to pull him over, and authorities say he reached speeds of 116 mph as the chase ensued. During the chase, the man attempted to pass a car. As he did, he hit a deputy's patrol vehicle. That deputy had to be treated at a medical facility for injuries he sustained.

One Defense to Breath Alcohol DUI Cases

One defense to breath alcohol DUI cases is the condition of the mouth cavity. Under Tennessee DUI law, a police officer must watch you for 20 minutes prior to the breath alcohol test. The reason is to make sure the mouth alcohol has dissipated from the mouth and you do not burp, hiccup, or regurgitate. The presence of mouth alcohol can influence the breath test result. What else can influence a reading of mouth alcohol?

Being accused of sex crimes in Tennessee can impact life overall

Some criminal charges are seen as more sensational and newsworthy than others, particularly allegations related to sex. Sex crimes are exploited in the media, and the person accused can find him or herself the target of public scorn before the case even gets to court. The mere accusation of being involved in sex crimes in Tennessee can affect a person's reputation, livelihood and well-being.

Being convicted of certain sex crimes typically results in a court order to register as a sex offender. This can be for life. Registry on the list can affect where you are allowed to live and work. Proximity and association with establishments such as day cares and schools may be limited. 

Attack on elderly leads to sexual assault charges in Tennessee

A sexual assault charge can be difficult to deal with on a personal and legal level, and these cases can be highly personal and complicated in nature. When allegations of a sexual assault make the news, it can be even more challenging to handle. A Tennessee community is rattled after the arrest of a 23-year-old man. He faces sexual assault charges stemming from an incident involving an elderly lady.

Reportedly, an 81-year-old woman went for a walk around a church parking lot. The woman apparently likes to walk around that area early in the morning before church hours and before there is any security present at the lot. Police say that she was raped in the lot.

Tennessee man faces DUI charges after being pulled over

When police pull over a vehicle for a traffic offense, such as speeding, those officers may investigate a situation further and pursue more serious charges if they feel it is appropriate to do so. This means a speeding violation or other infraction can lead to DUI charges or worse for a driver. A traffic stop in Tennessee recently went from a speeding situation to a man now facing his fifth charge for driving under the influence.

On a Saturday, police say a man was driving 60 miles per hour in a speed zone designated with a limit of 40 miles per hour. The man was pulled over and police then say the smell of alcohol was detected. The man was also said to be unsteady and have bloodshot eyes. During a field sobriety test, he showed signs of intoxication, also.

Failed sobriety test leads to DUI arrest in Tennessee

When police decide whether or not to arrest someone for a DUI, there may be several steps they take first to determine if an arrest is warranted. One tool police may utilize is a field sobriety test at the scene. A failed sobriety test can lead to arrest, but can also be challenged in court. Recently in Tennessee, a failed sobriety played a role in the arrest of a CEO of a Nashville-based company.

The man was in a vehicle in a parking lot of the County Chamber of Commerce. Other drivers in the area alerted police to a man who was driving in an erratic manner and who hit a concrete island. The man also reportedly almost hit other vehicles.